HOUSTON – If someone owes you money, damaged your property or hasn’t lived up to their end of a deal, small claims court might be your best option.
In Texas, small claims cases are handled in Justice of the Peace courts, and they’re designed to be quick, affordable and easy to navigate — especially for people representing themselves.
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Here’s what to know before filing.
What is the maximum you can sue for?
The most you can sue for in Texas small claims court is $20,000. That includes attorney’s fees, but it does not include court costs or interest, according to the Texas Judicial Branch.
These cases are meant to resolve straightforward disputes involving money or personal property. You can’t file for emotional damages, injunctions or court orders requiring someone to take a specific action.
Who can file a case?
Any individual or business can file a small claims case, as long as the amount requested is $20,000 or less.
These courts commonly handle:
- Unpaid loans
- Damaged property
- Return of security deposits
- Breach of contract
- Disputes over goods or services
Where to file your case
File your claim in the Justice of the Peace precinct where the defendant lives or where the dispute occurred. You can find your local precinct on your county’s official website or by contacting the court clerk.
Step-by-step: How to file
Complete a petition form
Include the names of both parties, the amount you’re suing for and a short description of what happened.
Some counties offer this form online; others require it to be picked up in person.
Submit a civil case information sheet
This tells the court what kind of case you’re filing. Most courts will provide a copy when you file.
File in person, by mail or electronically
- You can file your petition at the courthouse or online using eFileTexas.gov.
- Make sure to sign all forms and include the filing fee. If you can’t afford it, ask for a “Statement of Inability to Pay.”
Serve the defendant
- After you file, the court will issue a citation. You must have it delivered to the defendant, typically by a constable or process server.
- Service fees apply unless waived by the court.
Wait for the defendant’s answer
- The defendant must respond by the date listed on the citation. If they don’t, you can ask for a default judgment.
Prepare for trial
- Both sides can present evidence, witnesses and documents.
- You can request a jury trial, but you’ll need to pay a separate fee and file the request at least 14 days before your court date.
How long do you have to file?
- The statute of limitations for most small claims in Texas is two years from the date of the incident. For cases involving breach of contract, you may have up to four years.
Court fees
Fees vary by county, but generally include:
- Filing fee: $30 to $100
- Service fee: $75 to $100 (unless waived)
- Jury fee (optional): $22
You may be able to waive these costs if you meet income guidelines.
Ask the court for a “Statement of Inability to Afford Payment of Court Costs.”
Texas Justice Courts offer an accessible legal path for resolving small disputes — no attorney required. But it’s still your responsibility to follow procedures, meet deadlines and prepare your case.
For official forms and additional details, visit TexasCourtHelp.gov or check your county’s Justice of the Peace court website.